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                         Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                 )
                                 )
Tennessee Gas Pipeline Company   )  File Number EB-02-BF-
399                              
Owner of Antenna Structure #1009025 in  )    NAL/Acct. No. 
200332280007
Syracuse, New York               )  FRN:  0001-6428-83
                                 )
                                 )

                MEMORANDUM OPINION AND ORDER 

Adopted:   August 13, 2004                   Released:   
August 17, 2004

By the Chief, Enforcement Bureau:
    
      1.  In this Memorandum Opinion and Order (``Order''), 
         we cancel a thirteen thousand dollar ($13,000) 
         Notice of Apparent Liability for Forfeiture 
         (``NAL'')1 issued to Tennessee Gas Pipeline Company 
         (``Tennessee Gas''), owner of antenna structure 
         #1009025 in Syracuse, New York for its apparent 
         willful and repeated violation of Sections 17.4(a) 
         and 17.50 of the Commission's Rules (``Rules''). 2  
         The alleged violation involved Tennessee Gas's 
         failure to properly register and clean and repaint 
         its antenna structure to maintain good visibility.  
         Based on our review of Tennessee Gas's response to 
         the NAL and the overall record, which showed that 
         Tennessee Gas had registered its tower and 
         installed strobe lights, we conclude that Tennessee 
         Gas did not willfully and repeatedly violate 
         Sections 17.4(a) and 17.50 of the Rules.  Thus, we 
         conclude that no forfeiture should be imposed.
      2.  Accordingly, IT IS ORDERED that, pursuant to 
         Section 504(b) of the Communications Act of 1934 as 
         amended, and Section 1.80(f)(4) of the Rules,3 the 
         instant Notice of Apparent Liability for 
         Forfeiture, NAL/Acct. No. 200332280007, IS 
         CANCELLED.
      3.  IT IS FURTHER ORDERED that a copy of this Order 
         shall be sent by Certified Mail, Return Receipt 
         Requested, and by First Class Mail to Tennessee Gas 
         Pipeline Company, 1001 Louisiana, Houston, TX 
         77002.
                         FEDERAL COMMUNICATIONS COMMISSION
                         

                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200332280007 (Enf. Bur., Buffalo Office, released March 12, 
2003).

2 47 C.F.R. §§ 17.4(a) and 17.50. 

3 47 U.S.C. § 504(b); 47 C.F.R. § 1.80(f)(4).